Last Updated on March 1, 2019 by Legalseva.net
The Consumer Protection Act , 1986 was solely made for the protection of consumers from unfair trade practices and spurious goods. The Act gave the voice to consumers to protest against any injustice being meted out to Consumers.
With the rise of consumerism and online commerce, it is becoming difficult for District Consumer Forums across the states of Punjab and Haryana to regulate the buyer-seller phenomenon unless consumers are aware and come to courts.
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The first application before consumer court is filed under Section
Let us read the section 12 in detail :
12. Manner in which complaint shall be made.—(1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by –
(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
(b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;
(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or
(d) the Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.
(2) Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner as may be prescribed.
(3) On receipt of a complaint made under sub-section (1), the District Forum may, by order, allow the complaint to be proceeded with or rejected:
Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:
Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received.
(4) Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum may proceed with the complaint in the manner provided under this Act:
Provided that where a complaint has been admitted by the District Forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force.
Explanation. – For the purpose of this section “recognised consumer association” means any voluntary consumer association registered under the Companies Act, 1956 or any other law for the time being in force”.
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The Consumer Protection Act, 1986 further provides provision for appeal in case any of the parties are dissatisfied, be it complainant or Opposite party (OP in short).
Let us read the relevant section 15 of Appeal in Act:
15. Appeal. — Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed:
Provided that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not finding it within that period.
Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Forum, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent. of that amount or twenty-five thousand rupees, whichever is less:
Also Read- LEGAL NOTICE BEFORE CONSUMER COMPLAINT
The appeals from District Consumer Redressal Forum situated in various cities of Punjab and Haryana Lies to State Consumer Disputes Redressal Commission at Chandigarh and Panchkula.
You can challenge the order of Consumer Court on various grounds:
1 If the main prayer of application is refused or denied.
2 If you are the aggrieved party of the court’s order.
3 The compensation awarded on account of mental harassment, pain and litigation is not sufficient and you want to move to court for challenging the same.
4 Enhancement of the relief awarded on all grounds.
5 Your complaint has been dismissed or withdrawn on some technicalities.
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Rest there can be more but a State Consumer Disputes Redressal Commission of Punjab and Haryana advocate /lawyer will guide you clear whether your complaint is maintainable before the Authority or not.
Usually the onus of proving deficiency in services lies on the OP (Opposite Party) unless the case shifts it to consumer.
Most of the decisions of Consumer Courts are Consumer pro but there can be a case where the decision has upset the trend and OPs have tried best to serve consumer.
The times have gone where customers were taken for granted by the companies and now they entertain every other small grievance with utmost sincerity and diligence.
One must seek expert legal advice from Punjab State Consumer Disputes Redressal Commission Lawyer/Advocate when in doubt or seeking opinion on the case.
Also Read- EXECUTION OF CONSUMER COURT’S ORDER
Dial 99888-17966 for more info.
